This month’s LTE in bEagle

September 19th, 2021

My Letter to the Editor about misguided and ill-advised Ordinance #115 is in the RW Republican Eagle (bEagle), it’s posted below because it’s not online yet.

UPDATE: Posted online — Ordinance is ‘solution’ looking for a problem


Here’s a previous post on the Ordinance and the Council meeting:

Red Wing’s Ordinance #115 – Why?

And here it is — Overland’s latest Letter to the Editor:

Ordinance #115 – disruptions at Council meetings?

Monday night, the Council took up Ordinance #115, triggered by the recent Minnesota Supreme Court’s Hensel decision. That decision held that the law defining conduct that “disturbs an assembly or meeting, not unlawful in its character” as disorderly conduct was unconstitutional, “a serious overbreadth problem.” Here, the City has decided to consider an ordinance of its own with language that puts the City on the wrong side of the law. Why would the City want to do this?

The discussion was good – I’m grateful members raised Constitutional issues, the 1st Amendment, and its broad definitions. One said “We’d instructed staff after we got information,” the City Attorney had been instructed to draft the ordinance. “We were asked to address this.” By whom? It’s not gone through committee process. The packet’s item 9B was a memo from Roger Pohlman, Chief of Police, requesting a Motion to introduce the Ordinance.  Councilor Hove noted that there haven’t been disruptions for years, since back when the Council met upstairs! Others, including the City Attorney, noted that in addition to city policy, there is applicable law. Only part of the disorderly conduct statute (Minn. Stat. 609.72) was held unconstitutional, and parts remain, including “engages in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.”

Why use Council time on this non-issue, particularly where the City has policies in place regarding disruption? What was most concerning were Chief Pohlman’s reasons for requesting this ordinance.  First, he noted that police use of force practices limit what level of force may be used, and “if individual becomes passive, resistant” this ordinance was back up to use force to remove someone. He raised this issue of level of force twice. The other claimed justification was liability issues if someone claims injury when removed, that it’s “difficult to use policy to support our case.” This is an issue?

As Alan Muller was quoted in your article, “people disrupt meetings — people behave aggressively — when they feel that behaving politely and with restraint isn’t working.” Council President Biese cut off Muller’s statement just as he was finishing!  In my own experience, I’ve been shushed by Biese for objecting when my Ash Mining clients had no opportunity to speak before the Council approved that scheme. I’ve also been ordered removed from a St. Croix Falls/Taylors Falls joint Council meeting by then Mayor Lundgren for merely asking a question, raising a financial corruption issue, in a public comment period.  Lundgren was later charged and plead guilty to Theft and Misconduct in Office. Sometimes being heard requires standing up.

A primary outcome of the Red Wing Citizens Assembly was recognition that the City Council needs to be welcoming, transparent, that the Council must listen to citizens, and welcome public engagement. Ordinance #115 is a visible step in the opposite direction

Carol A. Overland

Also worth noting is the Editorial in the same paper, encouraging people to write — YES!

Column: Letters should make you question and think

This week in the Republican Eagle:

Letter: Why an exemption from overtime?

To the editor:

Sen. Mike Goggin’s SF899 takes advantage of workers’ tenuous H2A status.

Goggin argues, “The choice is solely up to the employee; the bill does not require or expect any worker to work overtime.”

No, let’s be clear. What employee wouldn’t prefer overtime? This exemption is for the employer. It legislates lower wages for the employer. Hours and length of employment is specified in the H2A employment contract.

The only “choice” left to employees is to work hours the employer wants or lose their job and leave the U.S. if they can’t find another job immediately. That’s not “choice,” it’s extortion.

Most of us have worked “at will.” Employers set the hours and work is “at will” on the employer’s terms. You are “at will” to comply, quit, or be fired “at will.”

Goggin works for Xcel, which has a high pay rate and likely pays hourly workers overtime for over 40 hours a week. H2A workers must have an employment contract, are covered by federal wage laws, and employers must meet specific employment and reporting requirements to recruit and hire H2A workers, including declarations that they can’t find U.S. workers.

From Leviticus 19:33-34: “When a foreigner resides among you in your land, do not mistreat them. The foreigner residing among you must be treated as your native-born.”

The senator should instead promote equity and a legislative mandate of overtime pay for over 40 hours weekly.

Why exploit H2A guest workers? Is SF 899 the Christian thing to do?

Carol A. Overland

Red Wing